Judge dismisses lawsuit against state DOT officials

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MADISON - A federal judge on Thursday dismissed a lawsuit against two state Department of Transportation officials which claimed that the department illegally sold drivers' personal information to firms that made it available on the Internet.

The lawsuit against DOT Secretary Frank Busalacchi and Lynne Judd, administrator of the Division of Motor Vehicles, can't proceed because the state cannot be sued under sovereign immunity, U.S. District Judge Barbara Crabb wrote. State policies are at the heart of the lawsuit, she wrote, not the way they were implemented by Busalacchi and Judd.

The plaintiffs, who are from Madison, Rio and Windsor, also cannot sue because the Driver's Protection Privacy Act specifies who may be sued and who may file lawsuits to enforce the law.

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